Thermo 48i, Instruction Manual

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Thermo Electron Corporation 48 i Instruction Manual A-1
Appendix A
Warranty
Seller warrants that the Products will operate substantially in conformance
with Seller's published specifications, when subjected to normal, proper and
intended usage by properly trained personnel, for 12 months from date of
shipment (the "Warranty Period"). Seller agrees during the Warranty
Period, provided it is promptly notified in writing upon the discovery of any
defect and further provided that all costs of returning the defective Products
to Seller are pre-paid by Buyer, to repair or replace, at Seller's option,
defective Products so as to cause the same to operate in substantial
conformance with said specifications. Replacement parts may be new or
refurbished, at the election of Seller. All replaced parts shall become the
property of Seller. Shipment to Buyer of repaired or replacement Products
shall be made in accordance with the provisions of Section 5 above. Lamps,
fuses, bulbs and other expendable items are expressly excluded from the
warranty under this Section 8. Seller's sole liability with respect to
equipment, materials, parts or software furnished to Seller by third party
suppliers shall be limited to the assignment by Seller to Buyer of any such
third party supplier's warranty, to the extent the same is assignable. In no
event shall Seller have any obligation to make repairs, replacements or
corrections required, in whole or in part, as the result of (i) normal wear and
tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or
negligence of or by Buyer, (iv) use of the Products in a manner for which
they were not designed, (v) causes external to the Products such as, but not
limited to, power failure or electrical power surges, (vi) improper storage of
the Products or (vii) use of the Products in combination with equipment or
software not supplied by Seller. If Seller determines that Products for which
Buyer has requested warranty services are not covered by the warranty
hereunder, Buyer shall pay or reimburse Seller for all costs of investigating
and responding to such request at Seller's then prevailing time and materials
rates. If Seller provides repair services or replacement parts that are not
covered by the warranty provided in this Section 8, Buyer shall pay Seller
therefore at Seller's then prevailing time and materials rates. ANY
INSTALLATION, MAINTENANCE, REPAIR, SERVICE,
RELOCATION OR ALTERATION TO OR OF, OR OTHER
TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY
PERSON OR ENTITY OTHER THAN SELLER WITHOUT
SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF
REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL
IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH
RESPECT TO THE AFFECTED PRODUCTS.